Three-hour rule in childcare

Do you have a childcare organisation? You have to make sure there are enough childcare professionals per group of children, the professional childcarer-child ratio (beroepskracht-kind ratio, BKR). You must keep to the three-hour rule (drie-uursregeling). This rule allows you to deviate from the professional childcarer-child ratio for up to 3 hours a day. During these 3 hours you are allowed to employ fewer childcare professionals than the ratio prescribes.

How does the three-hour rule in childcare work?

You can deviate from the professional childcarer-child ratio under the following conditions:

• You may deviate up to 3 hours a day from the BKR.
• You employ at least 50% of the prescribed number of childcare professionals during these hours.
• Your childcare facility is open for at least 10 hours continuously.
• You must keep a record of which childcare professional you deploy.
• You must draw up and maintain an attendance list for the children, noting their arrival and departure times.

Three-hour rule in your pedagogical policy plan

You have to indicate the general framework on how you deal with staff deployment in relation to the professional childcarer-child ratio and the three-hour rule in your pedagogical policy plan. To do so you indicate:

• how many (pedagogical) staff you have per group (depending on the childcarer-child ratio), and what their usual shifts and break times are
• in which situations you will deviate from the childcarer-child ratio
• how you decide when to deviate from the childcarer-child ratio (pedagogical considerations)
• how you will pay attention to the children’s needs when less professionals are available to them

Do you fail to make this clear in your pedagogical policy plan? Then you may not deviate from the professional childcarer-child ratio.

The parents' committee must give advice on these issues.

Deviating from the ratio for out-of-school care

If there is out-of-school care (buitenschoolse opvang, BSO) for at least 10 consecutive hours throughout the day (for example, during holidays and on days off), the three-hour rule applies the same way as for in daycare.

For out-of-school care, before and after school hours, you may deviate from the professional childcarer-child ratio:

• for up to half an hour daily, only before and after school hours, and on free afternoons
• if you employ at least 50% of the ratio-prescribed childcare professionals during these hours.

You do not need to report the hours you deviate from this rule in your pedagogical policy plan.